Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)RegulationsRegulations on Chapter XA relating to Inspections, Compliance and Enforcement under the Compensation for Occupational Injuries and Diseases Act, 19932. Appointment and Identification |
| (1) | An Inspector appointed in terms of Section 93A shall be issued with a certificate stating: |
| (a) | Full names of the Inspector; |
| (b) | That a person is an inspector; |
| (c) | Employee /Persal number; and |
| (d) | Date of appointment; and |
| (e) | Legislation an inspector is monitoring and enforcing. |
| (2) | When conducting inspections in terms of Section 93B(1)(a), an inspector may advise employees of their rights and obligations in terms of the Act which includes amongst others: |
| (a) | the obligation to report an accident in terms of the Act to her/his employer within the prescribed period; |
| (b) | the right to receive benefits or compensation; |
| (c) | the right of employees to object to a decision of the Commissioner in terms of Section 91; |
| (d) | the right to request the Commissioner to vary a decision in terms of section 90; |
| (e) | the obligation of employees to submit themselves for medical examination for any occupational injury or disease suffered or contracted; or |
| (f) | the obligation to submit any information related to an accident. |
| (3) | When conducting an inspection in terms of Section 93B, an inspector may advice employers terms of the Act which includes amongst others: |
| (a) | the obligation to register with the Compensation Fund in terms of Section 80 of the Act; |
| (b) | the obligation to keep records in terms of the Act; |
| (c) | the obligation to submit annual returns to the Compensation Fund in terms of the Act in order to be assessed in terms of Section 82; |
| (d) | the employers right to be assessed by the Commissioner on the earnings and related information declared; |
| (e) | the employer’s obligation to pay any assessments, fees, penalties or any other monies due to the Compensation Fund; |
| (f) | the employers right to be refunded any amounts or monies due in terms of the Act; |
| (g) | the right of employers to object to a decision of the Commissioner in terms of Section 91; or |
| (h) | the right to request the Commissioner to vary a decision in terms of section 90. |
| (4) | When conducting investigations in terms of section 93B(1)(c), inspectors shall: |
| (a) | notify the employer of the complaint and request the employer to provide detailed reports or make written representations; |
| (b) | notify the employer of the obligation to comply with any notices and related stipulated due dates as informed by the inspector; |
| (c) | notify the employer of planned site visits in order to conduct further investigation on the complaint, detailing the date, time and where possible the information or records required; |
| (d) | notify the employer of the right to attend or assign an official to attend such site visits by the inspector; |
| (e) | notify the employer of the employer’s right to access communication of the outcome of any enquiry, investigation, site inspection or audit; |
| (f) | notify the employer of the inspector’s right to issue the employer with a compliance notice and subsequent order of court; on or upon the expiry of the notification period in terms of section 93F or on finalisation of the inspection; |
| (g) | notify the employer of the employer’s right to object to a finding of the inspector. |